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NAME OF SERVICE MEMBER (LAST, FIRST MID1)I.E  INI'I'IAI.) 

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No 

PERSONAL APPEARANCE 

NAME OF COUNShL AND OR ORGANIZATION 

AIR FORCE DISCHARGE REVIEW BOARD HEARING RECORD 

1  GRADE 

1  AFSNISSAN 

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RECORD REVIEW 

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ADDRESS AND O h  ORGANIZATION OF COUNSEL 

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MEMBER SITTING 

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VOTk OF THE BOARD 

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DENY 

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~UBMITTED TO THE BOARD 

ISSULS 

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EXHIBITES 

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ORDER APPOINTTNG THE BOARD 
APPLICATION  FOR  REVIEW OF DISCHARGE 
I,F.TTER OF NOTIFICATION 
BRlEF OF PPRSONNEL FILE 
COUNSEL'S  RFl.l:ASb  10  THE BOARD 
ADDITIONAL EXHIBITS SU13MI I  I  tD AT TIME OF 
PERSONAL APPkAKANCE 

HEARING DATE 

CASE NUMBER 

Case heard  in  Washington, D.C. 

TAPE RECORDING OF PERSONAL APPEARANCP, I Ib 

Advisc applicatit ollhe decision of the Board, the right to a personal appearance withlwilhout  counsel, and the riglit to submit an 
applicatioli to the AFBCMR 

Names and votes will be made available to the applicant at the applicant's request. 

*  Reason and Authority 
+  Reenlistment Code 

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w 

DATE:  2123ROU7 

ISDORSE31EST 

FROM: 

SAFIMRBR 
550 C STREFI' WEST, SUl'l't:  40 
RANDOLPH AFB, TX 781 50-4742 

SECRETARY OF THE AIR FORCE PERSONNEL COLINCIL 
AIR FORCE DISCHARGE REVIEW BOARD 
1535 COMMAND DR. EE WING, 3RD FLOOR 
ANDREWS AFB. M D  20762-7002 

I 

AFHQ FORM 0-2077, JAN 00 

(EF-V2) 

Previous edition will  be used 

AIR FORCE DISCHARGE REVIEW BOARD DECISIONAL RATIONALE 

CASE NIJMBER 

FD-2006-00267 

GENERAL:  The  applicant  appeals  for  upgrade  of  discharge  to  honorable,  to  change  the  reason  and 
authority for the discharge, and to change the reenlistment code. 

The applicant was offered a personal appearance before the Discharge Review Board (DRB) but declined to 
exercise this right. 

The attached brief contains available pertinent data on the applicant and the factors leading to the discharge. 

FINDINGS:  Upgrade  of  discharge,  change  of  reason  and  authority  for  discharge,  and  change  of 
reenlistment code are denied. 

The Board  finds  the  applicant submitted no issues contesting the equity or propriety  of the  discharge, and 
after a thorough review of the record, the  Board was unable to  identify any that would justify  a change of 
discharge. 

ISSUE: 

The applicant submitted no issues and requested that the review be completed based on the available service 
record.  The applicant has expressed a desire to have his discharge upgraded so that he may reenlist into the 
armed forces.  The Board reviewed the entire record and found no evidence of impropriety or inequity in this 
case on which to base an upgrade of discharge.  The records indicated applicant had received a Summary 
Court Martial, an Article 15, and a Vacation for misconduct.  The Summary Court Martial was for 
unlawfully entering the apartment of a civilian.  He was punished with a forfeiture of pay, 1 1 days 
confinement, and 10 days hard labor without confinement.  He received an Article 15 for allowing another 
airman to store illegal steroids in his dormitory refrigerator and willingly injecting another airman with what 
he believed to be illegal steroids.  He was punished with a reduction in grade to Airman Basic, suspended 
forfeiture of pay, 45 days of extra duty (suspended), and a reprimand.  The Vacation action was for 
unlawfully entering an apartment with intent to commit a criminal offense.  He was required to forfeit pay 
for two months and perform 45 days of extra duty.  The DRB opined that through these administrative 
actions, the applicant had ample opportunities to change his negative behavior.  The Board concluded the 
misconduct was a significant departure from conduct expected of all military members.  The characterization 
of the discharge received by the applicant was found to be appropriate. 

CONCLUSIONS:  The  Discharge  Review  Board  concludes  that  the  discharge  was  consistent  with  the 
procedural and  substantive requirements of  the  discharge regulation  and  was  within  the  discretion of  the 
discharge authority and that the applicant was provided full administrative due process. 

In view of the foregoing findings, the Board further concludes that there exists no legal or equitable basis for 
upgrade of discharge, thus the applicant's discharge should not be changed. 

Attachment: 
Examiner's Brief 

DEPARTMENT OF THE AIR FORCE 

AIR FORCE DISCHARGE REVIEW BOARD 

ANDREWS AFB,  MD 

(Former AB)  (HGH AMN) 

1.  MATTER UNDER REVIEW:  Appl recid a GEN Disch fr USAF Maxwell AFB, AL on 8 Jun 
05 UP AFI 36-3208, para 5.50.2 (Pattern of Misconduct -  Conduct Prejudicial to 
Good Order and Discipline).  Appeals for Honorable Discharge, and to Change the RE 
Code, Reason for ~ i s c h a r ~ e .  

2.  BACKGROUND: 

a. DOB: 29 Sep 84.  Enlmt Age: 18 9/12.  Disch Age: 20 8/12. Educ: HS DIPL. 
AFQT: N/A.  A-50,  E-53,  G-42,  M-39. PAFSC: 3P031 -  Security Forces Apprentice. 
DAS: 8 Dec 03. 

b.  Prior Sv: None. 

3.  SERVICE UNDER REVIEW: 

a.  Enlisted as AB 15 Jul 03 for 4 yrs. Svd: 01 Yrs 10 Mo 14 Das, of which 

AMS is 01 Yrs 10 Mos 05 Days  (excludes 9 days lost time). 

b.  Grade Status:  AB -  8 Sep 04  (Article 15, 8 Sep 04) 

A m  -  16 Jan 04 

c.  Time Lost:  25 Apr 05 thru 5 May 05  (9 days). 

d.  Art 15,s:  (1) 20 Dec 04, Vacation, Maxwell AFB, AL -  Article 130.  You 

did, at or near Montgomery, Alabama, on or about 23 Oct 
04, unlawfully enter an apartment, the property of 
...................... 
.--------------------- 
to wlt: Commit larceny and damage to non military 
property, therein.  Forfeiture of $596.00 pay per month 
for 2 months, and 45 days extra duty.  (No appeal)  (No 
mitigation) 

j,  with intent to commit a criminal offense, 

(2) 08 Sep 04, Maxwell AFB, AL -  Article 134.  You, did, 

............................ 

between on or about 1 Jan 04 and on or about 31 Jan 04, 
allow A1C L....-.-.-........--------- 
:to store what you believed to 
be illegal steroids in your dormitory refrigerator, 
which conduct was prejudicial to good order and 
discipline or was of a nature to bring discredit upon 
the Armed Forces.  You, did, between on or about 1 Jan 
.--------------------------. 
04 and on or about 31 Jan 04, willingly inject A1C 
.-------------------------- 

j  with what you believed to be illegal 
steroids, which conduct was prejudicial to good order 
and discipline or was of a nature to bring discredit 
upon the Armed Forces.  Reduction to AB.  Suspended 
forfeiture of $596.00 pay per month for 2 months.  Forty 

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five days extra duty  (Suspended), and a reprimand. 
(No appeal) (No mitigation) 

e .   Additional: None. 

f.  CM:  Summary Court Martial -  25 Apr 05 

CHARGE:  Article 134. 

Specification:  Did, at or near Montgomery, Alabama, 
23 Oct 04, unlawfully enter the apartment of : 
Guilty.  Finding:  Guilty.  Sentence adjuged on 25 Apr 05: 
Forfeiture of 1/3 pay for one month, 11 days confinement, and 10 
days hard labor without confinement. 

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on or about 

Plea: 

g.  Record of SV: 15 Jul 03 -  16 Mar 05  Maxwell AFB  2  (1nitial)RE~ 

h.  Awards &  Decs:  GWOTSM, NDSM, AFOUA, APTR. 

i.  Stmt of S v :   TMS: (01) Yrs  (10) Mos  (05) Das 
TAMS:  (01) Yrs  (10) Mos  (05) Das 

4 .   BASIS ADVANCED FOR REVIEW:  Appln  (DD Fm 293) dtd 12 Jul 06. 

(Change Discharge to Honorable, and Change the RE Code, Reason for Discharge) 

I wish to enlist back into the military and/or get a Federal job. 

ATCH 
None. 

DEPARTMENT OF THE AIR FORCE 

42DuRBAmW#JOtALTCI 

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MEMORANDUM FOR AtRMAN BASIC! .-..-..-..-..-..-..-..-....-..-- 
FROM.  42 SFSJCC 

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SUBJECT  Notification Memorandum 

1,  I am recommending your discharge from the Unitad Stabs Air Force for Misconduct: 
Pattern of Misconduct.  The authority for this action is APPD 36-32 and AFT  36-3208, 
Chapter 5, paragraph 5.50.2.  If my recommendation is approved, your service will be 
charactarized as aa Under Honmble Conditions (General) Discharge.  I am recommading 
thbt your StrVice be characterized as an Under Honorable Conditions (General) Discharge. 

2.  My reasons for this action are: 

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a.  0norabout230ctobcr2004,youdawfully.nlnsd~eaputmmtofi~"~~'~~~ 
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:with the intent to commit larceny and destruction of property.  For this misconduct, 

...-..-.. 
you were punished by Summary Court-Martial, on 25 April 2005.  Punishment included 
Forfeiture of one-third pay for 1 month, 1 1 days confinement and 10 days hard labor without 
confinement. 

b.  On or about I January 2004 to on or about 3 1 January 2004, you allowed 

:to store what you believed to be illegal steroids in your 

A1C: -------.--------------- 
dormitory refrigerator. For this misconduct, you w m  punished IAW Article 15, U W ,  on 
8 September 2004. F9mishmmt included duction to the grade of Airman Basic, Forfeiture 
of $596.00 pay per month far 2 months, suspended through 7 I h h  2005,45 days extra 
duty, suspnded through 7 March 2005 and a reprimand.  The resulting Air Force Form 
3070, Record of Nonjudicial Punishment Proceedings, was used to establish an Unfavorable 
Information File (UIF). 

Copies of the documents to be forwarded to the separation authority in support of this 
recommendation am attached.  The commander exercising SPCM jurisdiction or higher 
authority will decide whether you will be discharged or retained in the United States Air 
Force and, if you are discharged, how your smice will be charactmi&.  If you are 
di~harged, you will be ineligible for rtenlistmcnt in the Air Force and my special pay, 
bonus, or education assistantx funds may be subject to moupment.  The separation 
authority will make the findings and recommendations required under 10 U.S.C. Section 
2005(g). 

3.  You have the right to consult counsel,  Military legal counsel hq-been-ob&bd to 
assist you.  Arrangements have been made for you to consult Capt ! 
Maxwell Blvd, on _1 
at your own expense. 

! at 550 E. 
hours. You miy COnSiilt cawban counsel 

6 J'  , 
at 

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4. You have the right to submit statements in your own behalf.  Any statements you want 
the separation authority to consider must reach me by 3 %a  0s. U30 unless you request